明代治吏制度研究

发布时间：2018-05-01 08:01

本文选题：明代 + 治吏　；参考：《郑州大学》2017年硕士论文

【摘要】：明代官吏的治理,在总结与借鉴历史的基础上,形成了自身独有的一套制度,有效防止了各级官吏失职渎职、贪赃枉法等行为的发生,为整饬吏治、营造清正廉洁的政治环境提供了条件。但由于封建社会存在着无法避免的缺点,这些缺点在明代后期日益显露,加速了官员的腐败、破坏了有序的吏治,导致了国家的灭亡。明末的腐败不堪虽不全归于治吏的效果,但国家的繁荣与衰亡,则始终能在治吏制度上有所体现。本文着眼于从历史史料和司法实践,从四个方面对明代治吏制度进行分析,希冀对我国反腐败工作有所帮助。第一部分是明代治吏制度的背景与主导思想。首先是明代治吏的历史背景,阐述明初统治者整饬吏治的原因,主要是元末纲纪废弛、官吏放纵导致政权灭亡的教训。其次是对明代治吏主导思想的论述,根据明代“重典治国”的原则,分别依次从重典治吏、民本思想、权力制衡三个方面阐述,对明代治吏制度的形成奠定基础。第二部分是明代治吏制度的法律渊源和基本内容。明代的法律主要包含在《大明律》、《大诰》、《明会典》,阐述明代法律关于治吏做出的详细规定。明代治吏的基本内容包括行政机构改革,官吏任用、考核、处罚制度,监察制度三大方面。第三部分是明代治吏制度的评价。首先是明代治吏制度的进步意义:包括明代不同阶段治吏存在的特点,治吏制度的新发展,总体上起到的进步意义。其次是明代治吏制度存在的缺陷,,以致明代吏治失败。第四部分是明代治吏制度的启示。首先从当前我国反腐败工作面临的形势、贪污贿赂犯罪的新特点、案件办理中存在的问题三个方面论述我国惩治腐败的严峻态势。其次重点从明代治吏制度的得失谈如何完善我国的反腐机制。
[Abstract]:On the basis of summing up and drawing lessons from history, the governance of officials in the Ming Dynasty formed a unique system of their own, which effectively prevented officials at all levels from dereliction of duty and perverted the law and so on. Creating a clean and clean political environment provides the conditions. However, due to the inevitable shortcomings of feudal society, these shortcomings were increasingly revealed in the late Ming Dynasty, accelerated the corruption of officials, destroyed the orderly administration of officials, and led to the destruction of the country. Although the corruption in the late Ming Dynasty was not entirely attributed to the effect of governing officials, the prosperity and decline of the country could always be reflected in the system of governing officials. This paper focuses on historical data and judicial practice, and analyzes the system of ruling officials in Ming Dynasty from four aspects, hoping to be helpful to the anti-corruption work of our country. The first part is the background and leading thought of the system of ruling officials in Ming Dynasty. The first is the historical background of the Ming Dynasty, expounding the reason why the rulers of the early Ming Dynasty rectified the official rule, mainly the lessons of the end of the Yuan Dynasty and the waste of the discipline, the indulgence of the officials led to the demise of the regime. The second is the discussion of the leading thought of the Ming Dynasty officials, according to the principle of "ruling the country by the heavy code", respectively, from three aspects: the administration of officials, the thought of people first, and the balance of power, which lays a foundation for the formation of the system of the officials in the Ming Dynasty. The second part is the legal origin and basic content of the system of ruling officials in Ming Dynasty. The laws of Ming Dynasty are mainly contained in "Da Ming Law", "Da Letters Patent" and "Ming Hui Dian". The basic contents of ruling officials in Ming Dynasty include the reform of administrative organization, the appointment of government officials, the examination, the punishment system and the supervision system. The third part is the evaluation of the system of ruling officials in Ming Dynasty. The first is the progressive significance of the system of governing officials in the Ming Dynasty, including the characteristics of the existence of the officials in different stages of the Ming Dynasty, the new development of the system of governing the officials, and the overall progressive significance. Secondly, there were defects in the system of officials in Ming Dynasty, which resulted in the failure of the administration of officials in Ming Dynasty. The fourth part is the enlightenment of the Ming Dynasty. Firstly, this paper discusses the severe situation of punishing corruption in our country from three aspects: the current situation of anti-corruption work, the new characteristics of corruption and bribery crime, and the problems existing in the handling of cases. Secondly, it discusses how to perfect the anti-corruption mechanism of our country from the gains and losses of the Ming Dynasty.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D691.49

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